1 2025:CGHC:27298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4020 of 2025 • Dhansay Banjare S/o Manohar Banjare, Aged About 22 Years R/o Village - Nandgaon, Police Station And Tahsil - Mahasamund, District - Mahasamund (C.G.) ...Applicant versus • State Of Chhattisgarh Through - Police Station - Mahasamund, Tahsil And District - Mahasamund (C.G.) ... Respondent For Applicant : Mr. Pawan Kesharwani, Advocate. For Respondent/State : Ms. Prabha Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 24 / 06 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 85/2025 registered at Police Station – Mahasamund (C.G.) for the offence punishable under Section 137(2), 64(2)(N), 87, 64 of BNS. 2. The prosecution case, in brief, is that, the applicant abducted the victim without the consent of her legal guardianship and SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.24 17:14:48 +0530 2 committed sexual intercourse with her on the pretext of marriage. Based upon the complaint, FIR was lodged by Police Station Mahasamund and the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, he has not committed any offence as alleged against him. It is further contended that the victim was a consenting party and in the statement recorded under section 183 of BNSS, victim stated that she had gone with the applicant of her own will and they got married in an Arya Samaj Mandir. He next submits that the applicant has no criminal antecedent and he is in jail since 01.04.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. He has relied on the order of this Court dated 20.10.2023 passed in MCRC No. 6404/2023 (Heera Chaturvedi Vs. State of Chhattisgarh). 4. On the other hand, learned counsel for the State opposes the bail application and submits that the victim has been recovered from the possession of applicant and at the time of incident, the victim was aged about 17 years. Therefore, at this stage, he may not be enlarged on bail. 5. Victim along with her father appeared victually through concerned DLSA and raised her objection in granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that now the trial has not been commenced, therefore, at this stage, I do not find it appropriate to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.